| When the system of leniency in pleading guilty and punishment was put forward,people from all walks of life had high hopes that it would be helpful to the increasingly serious burden of criminal trial.However,the legitimacy and pros and cons of the leniency system of guilty plea have always been a controversial issue at home and abroad.How to improve the legitimacy of the establishment of the system and fill in the defects of the system operation is the top priority of the system design.The effective protection of the accused’s right to defense is the key to enhance its legitimacy and reduce its negative effects.As an important part of the leniency system,lawyers play an important role in ensuring the smooth operation of the system.Therefore,it has rich theoretical value and important practical significance to study the role of lawyers in the leniency system of guilty plea.This paper first gives an overview of lawyers’ participation in confession and punishment cases,respectively expounds the general situation of defense lawyers and on duty lawyers’ participation in confession and punishment cases,including the ways and means of participation,the scope of providing legal services and the particularity in confession and punishment cases,and makes a comparison between the two kinds of lawyers.On this basis,it emphasizes the necessity of lawyers’ participation in the cases of pleading guilty and accepting punishment,and holds that lawyers’ participation is the necessary requirement to realize pleading guilty and accepting punishment,which alleviates the burden of criminal prosecution in China and conforms to the trend of judicial reform.We can start from the protection of the rights of the accused,combined with the accurate control of the application of evidence,to achieve the purpose of maintaining the result justice of the case,and we can also achieve the procedural justice in this process through the correct choice of procedure and the role of procedural promoter.Then,it summarizes the main problems of lawyers’ participation in the cases of pleading guilty and accepting punishment at the present stage in China,including: the internal role of the defense is not clear in the negotiation,the quality of lawyers’ defense is not high,and the protection of lawyers’ litigation rights is insufficient.Finally,the paper puts forward the corresponding improvement suggestions,including: first,to clarify the internal role of defense lawyers and lawyers on duty in the defense;second,to improve the quality of defense of pleading guilty and punishing cases with the help of giving full space for lawyers to defend their innocence,drawing lessons from the Western invalid defense system,delineating the resulting legal consequences and corresponding judicial relief;third,to improve the quality of defense of pleading guilty and punishing cases 3、 In order to improve the system of lawyer’s participation in plea bargaining,the right of lawyer to participate in plea bargaining should be guaranteed. |
